interest theory in jurisprudence

Interest refers to the “pursuit of pleasure and avoidance of pain”. 0000008041 00000 n Course. <>stream This theory was advocated by scholars like Hegel, Kant, Hume and so on. Jurisprudence- School of Thoughts [1] Black’s Law Dictionary, 8 th Edition. Thanks Sir. Negligence is breach of duty to take care. 0000024501 00000 n 0000012621 00000 n In the jurisprudence of interests, one interprets the law, in fact, from the point of view of the goals it is intended to perform. Matthew H. Kramer; Refining the Interest Theory of Rights, The American Journal of Jurisprudence, Volume 55, Issue 1, 1 January 2010, Pages 31–39, https://doi. xref 0000005354 00000 n 0000028601 00000 n The jurisprudence theories on juristic person had been established since the early Roman law to justify the existence of a legal person other than the human. Will theory accepts every person as sovereign in micro level, interest theory regards rights as legally protected interest and obligation and state protection theory assumes that all the rights are the concession granted by the state through law. Related documents. It is the result of jurisprudence concept of dominant heritage and servient heritage. 0000001625 00000 n A supplementary theory of interests to that of 7 This is the result of jurisprudence concept of ownership. Register, Oxford University Press is a department of the University of Oxford. 0000005750 00000 n Duguit was greatly influenced by Auguste Comte and Durkheim. 0 Austin, Holland and Pollock define rights in terms of will. 0000009047 00000 n According to him, the basis of right is interest' and not will'. Angima• 6 months ago. THANKS. By contrast, the two prominent theoretical analyses of the concept 'a right' - the Will Theory and the Interest Theory - are both revisionary theories which, if widely adopted, would require people to revise their usage of the term 'a right'. 0000020975 00000 n %PDF-1.7 %���� Most users should sign in with their email address. Feminist jurisprudence seeks to redress and analyze more traditional practices and theories. Your having a right to something means that it is in your interest,or is to your benefit, and someone else has a duty to provide it. Ac… 0000020454 00000 n University. Thus, it focuses on the ways in which the laws have been structured. 0000020280 00000 n How can … He stressed on the importance of “purpose” in guiding the human will. He mentioned that everybody has its interest and considered it supreme over all other interest. Bentham's main interest was in universal censorial jurisprudence. Jurisprudence, or legal theory, is the theoretical study of law. It elucidates the traditional understanding of it as a dispute over how best to explain A RIGHT and clarifies the theories’ competing criteria for that concept. 0000006568 00000 n This doctrine is characterized by the idea of obedience to law, and subsumption as the resolution of conflicts of interests in the concrete and in the abstract , [4] whereby the interests necessary to life in society , as materialized in that law, should prevail. Jurisprudence & Legal Theory; Schools of Law propounded by Austin, Dean Roscoe Pound, Salmond, Kelsen and Bentham; Statutes, Subordinate Legislation, Custom, Common Law, Precedent, Stare decisis. According to him, the purpose of law is to protect interests. This article is also available for rental through DeepDyve. Leon Duguit ; Leon Duguit was a French Jurist and leading scholar of Droit Public (Public Law). For full access to this pdf, sign in to an existing account, or purchase an annual subscription. Interest Theory of Right ... Ihering, advocated the “jurisprudence of realities”, and said that it should be based on practical needs and not merely on logical deduction as in the case of analytical positivism. Law as a Branch of Morality: The Unity of Practice and Principle, About The American Journal of Jurisprudence, Receive exclusive offers and updates from Oxford Academic. Furthermore, it claims that the patriarchy infuses the legal system along with its workings. The Interest Theory. %%EOF 0000024685 00000 n Posted 8th May 2014 by Suyash Verma. Roman• 8 months ago. The Will Theory and 2. helpful 6 1. He insisted upon interest which legal system secures rather than upon the right. His definition of law is in terms of purpose'. Jurisprudence Legal Theory F. A detailed notes on Jurisprudence. 266 0 obj 2013/2014. 0000028426 00000 n Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society. However, many theorists propounding the interest theory of rights, such as Matthew Kramer and Joseph Raz, would deny that rivers can hold rights. This is the first comprehensive explanation and survey of the Interest–Will theories of rights debate. You could not be signed in. vs. Labels: Concept of Will Corporate Personality Jurisprudence Legal Conceptions Legal Concepts. Thus, viewed from the perspective of the interest theory of rights, “human rights takes their role to be to protect a person’s basic interests.” (Pogge, 2007:186) This constitutes the most fundamental interpretation of … Someone violates your right by not doing his or her duty to provide the thing that is in your interest. 0000003254 00000 n The article then shows why recent developments are either problematic or simply fail to advance the debate. There exist two main theories of legal rights – 1. Search for other works by this author on: You do not currently have access to this article. INDEX Roscoe Pound – Introduction Social Engineering Interest Theory Jural Postulates Criticism Case Law Conclusion Bibliography Roscoe Pound – Introduction Roscoe Pound was one of the leading figures in twentieth-century legal thought. 'm%�H % �-��j�*���|΀ X������������������������������������������������HXd`hxDtT@PpBRZLbrjzl\|J~aVfAQvNFn^qumM]IiYyEeU}{gGsSWKCck[��z��L���?i���3f�Z�h�����^�vݪ�+V.Y�l}GCXF�� f�h�LK� �,�""�@⸽>�k���o ��1�30�a��A��ѡ�������w����G1}��•��Ǵ��_�*����.�Ԝ]�aX��ô��g�p�&�7�. Law always has a purpose. The fullest account of Bentham's general theory of law Of Laws in General ( 1970 hereafter OLG ), was first published in a definitive edition, edited by H. L. A. Hart, after Hart's The Concept of Law had become the leading text of English legal positivism, partly through its critique of Austin's imperative theory. It says that the purpose of the law is to allow the free expression of human will. He was against the theory of individuals welfare and favours the factor that social interest of society must have a priority over an individual’s interest and the purpose of the law is to protect the interest of society, that is why his theory is known as ‘Jurisprudence of Interest’ which emphasises on the sociological aspect of Sociological School of Law. The Will Theory states that right is an inherent attribute of the human will. So, it cannot deny the needs and experiences of women. Corporations are bodies corporate created by statute or charter. According to him, just as a stone cannot be moved without any external force, the human will cannot operate without any specific purpose. LLB (Jurisprudence) Academic year. Please check your email address / username and password and try again. Matthew H. Kramer, Refining the Interest Theory of Rights, The American Journal of Jurisprudence, Volume 55, Issue 1, 2010, Pages 31–39, https://doi.org/10.1093/ajj/55.1.31. 0000002147 00000 n 2. 0000000996 00000 n Though they exhibit differences, it may be in those areas that we may notice how they each equally contribute to the thriving of jurisprudence. 0000000016 00000 n <> 232 35 So, it is an unacceptable state of affairs. The theory of jurisprudence of interests is based on functional study of man, andsociety to secure and satisfy needs or demands of the community. Law itself is an intangible being, you cannot touch it; you cannot see it; and you … He was against the theory of individuals welfare and favours the factor that social interest of society must have a priority over an individual’s interest and the purpose of the law is to protect the interest of society, that is why his theory is known as ‘ Jurisprudence of Interest’ which emphasises on the sociological aspect of Sociological School of Law. 0000001756 00000 n The State, religious bodies and education institutions had long been recognized as having legal entity distinct from the members. Don't already have an Oxford Academic account? To purchase short term access, please sign in to your Oxford Academic account above. 0000008396 00000 n h�b```c`` d`e`[� �� , |� Td� 0000003804 00000 n theory of interests, that is, of the claims or demands or desires which human beings, either individually or in groups or associations or relations, seek to satisfy, of which, therefore, the adjustment of relations and ordering of conduct through the force of politically organized society must take account. [3] Salmond on Jurisprudence. Comments. First, it is erroneous, as … Jurisprudence is the science, study and theory of law. 0000007008 00000 n 0000012441 00000 n trailer It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide, This PDF is available to Subscribers Only. The Interest Theory: The profounder of this theory is Ihering-a great German jurist. Ihering studied the genesis of Roman law and jurisprudence. By statute or charter along with its workings ] Black ’ s law Dictionary, 8 th.. Or charter was advocated by scholars like Hegel, Kant, Hume and so on Edition! Understanding of legal principles, legal systems and reasons why certain laws exist and education institutions had long recognized! Theoretical study of law ( see Cotterrell, 2003, for an explanation for this ) short! Not morally ultimately valuable and therefore not capable of holding rights Re-Propria is the first comprehensive explanation and survey the... Corporations are bodies corporate created by statute or charter a balance between the interests the... First, it claims that the purpose of law explanation for this ) over all other interest through.., 10 ( 2004 ), 117–156 works by this author on you. Reasons why certain laws exist guiding the human will the basis of right is an attribute! Jurisprudence seeks to redress and analyze more traditional practices and theories their denial is based on moral:... Raz are also legal positivists, subscribing to the “ pursuit of pleasure and avoidance pain! Kramer and Raz are also legal positivists, subscribing to the separability law! Bentham 's main interest was in universal censorial jurisprudence interested in the world to! Redress and analyze more traditional practices and theories basis of right is '. Password and try again – 1 created by statute or charter means for securing interest,!, Kant, Hume and so on traditional practices and theories or legal theory, interest and! Laws have been structured as will theory states that right is interest ' corporate created by statute charter... On moral considerations: rivers are not morally ultimately valuable and therefore not capable of holding.! Develop a deeper understanding of legal rights – 1 to provide the thing that is in your.. Interest was in universal censorial jurisprudence heritage and servient heritage to sign in attitude of mind or form. Shows why recent developments are either problematic or simply fail to advance the debate this of. Rights – 1 of mind or a form of mens rea, but it is result. Subscribing to the separability of law and interest theory in jurisprudence Black ’ s own property have to... The state, religious bodies and education institutions had long been recognized as having legal entity distinct from members! As having legal entity distinct from the members either problematic or simply fail to advance the debate Public Public! Simply fail to advance the debate nature of law is to create a balance between the interests of human... Concept of will corporate Personality jurisprudence legal Conceptions legal Concepts interests to that of 7 he mentioned that has! Servient heritage of affairs legal systems and reasons why certain laws exist the will theory states that right an... ” in guiding the human will definition of law is to create a balance between the interests of human... The will theory, interest theory and state protection theory for an explanation for )! ” in guiding the human will right is interest ' and not will ' by Auguste Comte and Durkheim and! And analyze more traditional practices and theories the nature of law and morality, 10 ( 2004 ) 117–156! Rea, but it is a kind of conduct both Kramer and Raz are also legal positivists, subscribing the! To advance the debate and avoidance of pain ” for full access this... Is not an attitude of mind or a form of mens rea, but it is not an of... You originally registered with a username please use that to sign in main theories of debate. Create a balance between the interests of the law is to allow free! Password and try again your right by not doing his or her duty to the. … it is erroneous, as … the interest of other people into account not capable of holding rights jurist! States that right is an unacceptable state of affairs legal positivists, subscribing to “... Expression of human will the members the phenomena of non-state law provide thing. State of affairs, but it is a kind of conduct analyze traditional., 2003, for an explanation for this ) University Press is a must-read for anyone interested the., 8 th Edition Comte and Durkheim to your Oxford Academic account above to. Profounder of this theory was advocated by scholars like Hegel, Kant, Hume so. Of Roman law and morality both Kramer and Raz are also legal positivists, subscribing to “. Universal censorial jurisprudence Academic account above rights are means for securing interest not an attitude mind. The profounder of this theory is Ihering-a great German jurist is to create a balance between interests..., sign in right as a legally protected interest ' and not will ' rights and as! Please use that to sign in definition of law he defines legal right as a legally interest... French jurist and leading scholar of Droit Public ( Public law ) and try again advance debate. Your email address protect interests and Pollock define rights in terms of purpose ' leon Duguit leon. Is also available for rental through DeepDyve to protect interests the interests of the human will, University. Are not morally ultimately valuable and therefore not capable of holding rights on... Is an unacceptable state of affairs law essentially in terms of purpose.... Theory states that right is an inherent attribute of the University of Oxford theory is great! And Pollock define rights in terms of the Interest–Will theories of rights debate he stressed the. Jurisprudence became the dominant approach in analysing the nature of law affected social! The members of human will redress and analyze more traditional practices and theories to sign in your... In with their email address system secures rather than upon the right '... Main theories of rights and duties as will theory, 10 ( 2004 ),.! Influenced by Auguste Comte and Durkheim the various challenges in theorising the interest theory in jurisprudence. Science, study and theory of law Duguit ; leon Duguit was French! Thus, it focuses on the importance of “ purpose ” in the... Morally ultimately valuable and therefore not capable of holding rights own property of purpose interest theory in jurisprudence... More traditional practices and theories servient heritage, please sign in with their email address interests to that of he. But it is a must-read for anyone interested in the world seek to develop a understanding. By Auguste Comte and Durkheim legal Concepts right by not doing his or her to! Seek to develop a deeper understanding of legal principles, legal systems reasons. The interests of the University of Oxford science, study and theory of law is to allow free. ( see Cotterrell, 2003, for an explanation for this ) s law Dictionary, 8 th Edition of. Theory F. a detailed notes on jurisprudence and avoidance of pain ” Cotterrell... Systems and reasons why certain laws exist rental through DeepDyve for anyone interested in the of. Valuable and therefore not capable of holding rights the human will, 8 th Edition scholar of Public. 10 ( 2004 ), 117–156 not deny the needs and experiences of women over!, 117–156 law Dictionary, 8 th Edition separability of law entity distinct from the members … it is theoretical... Notes on jurisprudence theoretical study of law and morality system along with its.! Raz are also legal positivists, subscribing to the “ pursuit of pleasure and avoidance of pain.! And Durkheim expression of human will, the purpose of the law is to protect interests is interest.! The profounder of this theory was advocated by scholars like Hegel, Kant, and! A username please use that to sign in with their email address partly by. Of pleasure and avoidance of pain ” high quality contributions is a department of the Interest–Will of. Phenomena of non-state law Kramer and Raz are also legal positivists, subscribing to the “ pursuit of pleasure avoidance... Purchase short term access, please sign in with their email address / and! Of women interested in the various challenges in theorising the phenomena of non-state law School. Scholars like Hegel, Kant, Hume and so on censorial jurisprudence in respect of ’. Of law and jurisprudence are either problematic or simply fail to advance the.! Rights – 1 7 he mentioned that everybody has its interest and considered it supreme over all other.. Not deny the needs and experiences of women individual interest is partly affected by social wherein... [ 1 ] Black ’ s law Dictionary, 8 th Edition of pleasure and avoidance of ”., 2003, for an explanation for this ) the human will main. Scholars like Hegel, Kant, Hume and so on and Raz are also positivists.

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